Title V Permitting in Indian Country

Within Indian country, it will generally be the responsibility of EPA
Regional Offices or Indian Tribes to issue Title V permits.

How is EPA working with Tribes to improve their capacity to run
permit programs?

EPA will provide technical support and assistance to Tribes that have
not gotten approval of their permit programs to increase the Tribes' capacity
to run a Title V program. One way for EPA to do this is to develop a partnership
with a Tribe to run a Part 71 program for its reservation. The details
of the partnership would be contained in a delegation agreement signed
by the Tribe and EPA. The delegation agreement would discuss which portions
of the Part 71 program would be the responsibility of EPA and which would
be the responsibility of the Tribe.

How will permits for sources in Indian country be different
than those issued by States?

The most important difference is that there will not be emission limits
or standards from the State Implementation Plan (SIP) or State air quality
rules in Part 71 permits. Since Tribes have generally not yet developed
federally enforceable air regulations or Tribal Implementation Plans,
there will be fewer requirements to incorporate into permits for Indian
country facilities, compared to State-issued permits. In some cases, there
will be no air quality rules that apply to a facility. These facilities
will get "hollow" permits until the Tribe or EPA develops regulations
that apply to the facility.

When can Tribes issue Title V permits?

If Tribes develop their own Title V programs and get them approved
by EPA, they can issue Part 70 permits. When EPA approves a Tribal program,
it will suspend the issuance of part 71 permits for that area.

EPA can authorize the Tribe to run the Part 71 program and issue Part
71 permits if a Tribe (1) has the authority under Tribal law to accept
delegation of the authority to run a Part 71 program, and (2) if the Tribe
has established its eligibility under the Tribal Authority Rule to run
a program under the Clean Air Act. The procedures for delegation of the
Part 71 program are found at 40 CFR 71.10. The procedures for a Tribe
to
establish eligibility to administer a Clean Air Act program are found
at 40 CFR 49.6. For more information on the Tribal Authority Rule, see
the
discussion at 63
FR 7254 (PDF)
(22 pp, 154 KB) (Feb. 12, 1998).

What procedures apply when EPA issues a Title V permit?

The procedures that EPA is required to use are spelled out in 40 CFR
part 71.

Before issuing a permit, EPA must publish a newspaper notice and send
out individual notices to persons on a mailing list for each draft permit.
EPA must advertise in the public press that the public can request to
be on the mailing list. The notice must tell you where the permit file
is located, when it is available for public inspection, and that all data
submitted by the facility are publicly available. Anyone (including the
permitee) can make comments on the draft permit during the public comment
period and may request a public hearing. Public hearings will be held
if there is a significant degree of public interest or at the discretion
of EPA. EPA must provide a transcript or tape recording of any public
hearing that is held.

Part 71 permits can be appealed to the federal Environmental Appeals
Board (EAB). If you are dissatisfied with the decision of the EAB, you
can appeal to federal court.

What procedures apply when a Tribe issues Part 71 permits?

When a Tribe runs a Part 71 program, the procedures are very similar
to
when EPA issues Part 71 permits. However, the most important difference
is that if the authority to run the program is delegated to a Tribe, there
will be a 45-day review period by EPA. The Tribe will draft a permit, take
public comment, and then submit a proposed permit to EPA for its 45-day
review.